Lobbyist accused of aggravated DWI said he was too tired to take test

Lobbyist accused of aggravated DWI said he was too tired to take test
Eric Martinez

A lobbyist representing Rio Arriba County at the Legislature is facing a charge of aggravated drunken driving following an arrest last month in Española.

Eric Martinez, 34, a contract lobbyist with the county and several other clients, insisted Tuesday that he was not drunk Jan. 20 when he was stopped by Española police.

“It was the first week of the Legislature, and I’d been working 16-hour days,” he said in an interview. “I was just wanting to get home, and I was tired.”

He said the officer who stopped him was “very courteous and professional.” Martinez declined to take a breath test, he said, because he was so tired.

Under New Mexico state law, refusing to take a breath test is grounds for a charge of aggravated DWI. That charge also applies to those whose breath test indicates a blood-alcohol content of 0.16 percent or more.

A person also may be charged with aggravated DWI in the case of an accident believed to be related to alcohol use.

Martinez said his lawyer advised him not to give more information about his arrest.

The state Motor Vehicle Division has scheduled an administrative hearing for Martinez on March 7 to determine whether he should have his driver’s license suspended. However, Martinez said, he’s asked for an extension because the Legislature will still be in session on that date.

More than three weeks after his arrest, Martinez does not yet have a hearing scheduled in state District Court for the criminal charge. District Attorney Marco Serna didn’t return phone calls Tuesday to explain why Martinez has not yet been arraigned.

Martinez has at least one previous conviction on his record for aggravated drunken driving.

In New Mexico, the mandatory minimum jail time for a first-time aggravated DWI is 48 hours. For a second conviction, the minimum time goes up to 96 hours. A third conviction carries a mandatory penalty of 60 days in jail. These sentences are in addition to the sentences for the base drunken-driving charge.

In May 2012, Martinez was arrested in Santa Fe County on aggravated DWI. He was found guilty seven months later in Santa Fe County Magistrate Court. He said Tuesday that the MVD did not take his license following that incident.

Asked whether he thinks he might have a drinking problem in light of the two aggravated DWI arrests, Martinez said, “Absolutely not. I refused the test [in January] for a very good reason. … I was too tired to take the test.” http://www.santafenewmexican.com/news/local_news/lobbyist-accused-of-aggravated-dwi-said-he-was-too-tired/article_57c7cc58-c967-5136-a16e-93704b259975.html

Man suspected of DUI after hitting 9 people with truck in OC

22-year-old Christopher Solis was identified by police as the DUI suspect that hit 9 pedestrians in downtown Fullerton 

FULLERTON, Calif. — Authorities said a DUI suspect plowed into a crowd in downtown Fullerton early Sunday, injuring nine pedestrians, some of whom became trapped underneath the driver’s pickup truck.

Fullerton police responded around 1:50 a.m. to reports of multiple pedestrians who had been hit by a red Toyota Tacoma, KTLA reported.

According to authorities, the Tacoma struck nine victims and hit a tree before coming to rest on the sidewalk.

“Multiple victims were trapped underneath the Toyota Tacoma, which was smoking, had serious front end damage, and its airbags deployed,” a police statement said. “With the help of some nearby Good Samaritans, FPD officers were able to lift the Toyota Tacoma enough to free the pedestrians who had been struck and were now stuck underneath it.”

A cellphone video from the scene shows several people lifting the vehicle amid panicked screams.

Three other vehicles at the location sustained minor to moderate damages.

The officers performed life-saving measures on the pedestrians before Fullerton fire arrived at the scene, the Police Department said.

The agency said the victims, ages 18 to 49, were taken to trauma centers with moderate to critical life-threatening injuries. A total of 10 people were hospitalized, according to officials.

Police identified the driver as 22-year-old Christopher Solis of Anaheim. He’s suspected of driving under the influence of drugs at the time of the crash.

Officers arrested him on suspicion of felony DUI causing great bodily injury.

“Due to the time and location of where this accident occurred, hundreds of people were on the sidewalk, in the parking lots, and to the front of nearby restaurants and bars during bar closing time,” police said.

Battalion Chief Kyle Houk said investigators were looking into reports about a possible altercation that might have happened before the incident.

Anyone with information or who might have recorded the incident on video is urged to contact the Fullerton Police Traffic Bureau at 714-738-5313. Those who wish to remain anonymous can call the Orange County Crime Stoppers at 1-855-TIP-OCCS or visit http://www.p3tips.com/913. https://fox5sandiego.com/2019/02/10/dui-suspect-arrested-after-pickup-truck-hits-9-pedestrians-in-socal/

Lenny Dykstra’s bizarre, troubled timeline: From baseball all-star to N.J. flophouse owner

The man they nicknamed "Nails"

Associated PressThe man they nicknamed “Nails”

For the better part of a year, residents of Stockton Circle in Linden have been complaining Lenny Dykstra has been ruining their lives. 

They say the former Mets and Phillies star baseball player has littered their neighborhood with piles of garbage and that he rents illegal apartments in his home. The neighbors complain that strange people have been coming and going through their community at all hours. The bizarre allegations are the latest controversy to haunt the now-infamous former athlete.

The 1986 World Series champion, three-time All Star and 12-year MLB veteran has seen a lot of trouble since his glory days.

Dykstra’s exploits include a drunk driving crash, indecent exposure charges, sexual assault allegations, a federal bankruptcy case and grand theft auto case that landed him in jail for several months.

And now, his neighbors in Union County don’t like him.

Dykstra began his career as a prized prospect before being called up to the big leagues by the New York Mets in 1985. He was traded to the Philadelphia Phillies in 1989. It was shortly after that trade that his legal woes began.

CourtsideTweets1991 drunken crash following a bachelor party

The problems started in May, 1991, just two years after the trade, when Dykstra and Phillies teammate, catcher Darren Daulton, were returning from a bachelor party for John Kruk, another teammate.

Dykstra lost control of his car and smashed into two trees in Pennsylvania and was found to have a blood-alcohol level of .178, according to an article from the New York Times.

Dykstra suffered a broken right collarbone, three broken ribs and a broken cheekbone, and a punctured lung.

“I screwed up big-time. I’m human,” Dykstra said in the article. “I wish I could change what happened, but I can’t. What happened was because of poor judgment on my part. I’m sorry about what the fans and the kids had to find out. I not only hurt myself, I hurt the team.”

1991 sexual battery charge

File1991 sexual battery charge

Three years after his retirement, Dykstra was arrested in October 1999 on charges that he sexually harassed a 17-year-old female employee at a car wash he owned in Simi Valley, CA, according to a CBS article.

At the time of the arrest, Dykstra spokesman Allan Mayer said the teenager claimed Dykstra touched her outside her clothing.

He was cleared of the misdemeanor charges of sexual battery and child annoyance in November 1999.

AP2007, named in Mitchell Report on steroid use

Dykstra was one of dozens of players named in the December 2007 Mitchell Report, a 21-month investigation by former U.S. Sen. George Mitchell into steroid use in Major League Baseball.

Dykstra has admitted his steroid use on multiple occasions including his comments in a book by Randall Lane, The Zeroes: My Misadventures in the Decade Wall Street Went Insane.

“You know, I was like a pioneer for that stuff,” Dykstra said. “The juice. I was like the very first to do that. Me and (Jose) Canseco.”

He later joked that he put HGH “in (his) cereal.”

“We’re talking about the difference of making $30 million or getting a real job and working and making $60,000,” Dykstra said. “Do you want the guy next to you taking them and you’re not going to take them?”

Other players named in the report were Barry Bonds, baseball’s career home run leader, and former Yankees Jason Giambi and Roger Clemens.

2011 alleged assault by housekeeper

AP2011 alleged assault by housekeeper

In 2011, Dykstra’s housekeeper accused him of sexual assault, but prosecutors declined to file charges after they cited a lack of evidence, according to the LA Times.

The article states that the woman alleged that Dykstra forced her to give him oral sex on Saturdays and that she did not report the alleged assaults until after he failed to pay her $2,000 he owed her.

Wall Street Journal2011 indecent exposure charge in L.A.

Dykstra was charged on August 2011 with exposing himself to a string of women who answered his Craigslist employment ads, according to a Reuters report.

He was charged with two misdemeanor counts of indecent exposure after prosecutors said he exposed himself to six women who answered ads he placed on Craigslist between 2009 and April 2011 seeking a housekeeper or personal assistant.

He was sentenced in 2012 to nine months in jail after pleading no contest, according to CNN.

Dan Patrick Show2011, acccused of writing bad check to escort

In 2011, an escort claimed Dykstra bounced a $1000 check he wrote to her after he hired her as “his companion to have drinks and conversation with,” in Los Angeles, according to Business Insider.

The woman also claimed on her blog that she received emails from two other women who were not paid in full by Dykstra and that he stole one of their credit cards, the article states.

The Herd2012 conviction in grand theft auto case

Dykstra was sentenced to three years in a California state prison in March 2012 after pleading no contest to grand theft auto and providing a false financial statement.

A Los Angeles County Superior Court judge sentenced him after refusing to allow him to withdraw his plea and said the scam to lease high-end automobiles from dealerships by providing fraudulent information and claiming credit through a phony business “showed sophistication and extensive planning.”

Dykstra pleaded not guilty to 25 counts after police arrested him in June 2011 and allegedly found cocaine, ecstasy and synthetic human growth hormone at his Los Angeles home. He changed his plea in October 2011 to no contest and in exchange prosecutors dropped 21 counts.

Dykstra was released from prison in July 2013 after serving six and a half months of his sentence.

AP2012, federal bankruptcy case

Dykstra pleaded guilty in 2012 and was later sentenced to 6 1/2 months in federal custody following bankruptcy fraud and other federal charges, according to CNN.

The indictment stemmed from a bankruptcy case that Dykstra filed in 2009. He was accused of removing, destroying and selling property that was part of the bankruptcy estate without the permission of the bankruptcy trustee, the article states. Dykstra had listed assets of $24.6 million and overall debts of $37.1 million including a California mansion he had purchased from NHL all-time great Wayne Gretzky that was valued at $18.5 million, and a home in Westlake Village worth an estimated $5.4 million. “Dykstra specifically admitted he committed bankruptcy fraud by lying about whether he had taken and sold items from his $18 million Sherwood mansion after creditors seized the property,” the article states. “Dykstra also admitted that there were at least 10 creditors who were victims of his crimes, and those victims each lost between $200,000 and $400,000.” He was accused of taking $400,000 worth of fixtures, including chandeliers, mirrors, a stove and a grandfather clock from the mansion and secretly selling them. He was also accused of secretly selling $15,000 worth of memorabilia including baseball gloves, balls and bats.

His prison term ran concurrently with the three-year sentence in the grand theft auto case.

File2015, accused of stealing 50K in jewelry from porn star

Dykstra was accused of stealing $50,000 in jewelry from Brett Rossi, a porn star who had been engaged to Charlie Sheen, TMZ Sports reported in 2015.

Rossi told TMZ that Dykstra offered to help her sell jewelry and that he kept everything except for a pair of diamond earrings. Rossi said that the earrings she got back were fake.

2018, indicted on drug and terroristic threats charges

Last October, a grand jury in Union County indicted the Linden resident on making terroristic threats, and two counts of possession of a controlled substance – one for cocaine the other for methamphetamine.

Body camera footage from the night of the May incident shows Dykstra and the Uber driver were scared of the other.

The argument started after Dykstra requested a change in his destination, and the driver refused, police have said.

According to the driver, Brian Lutty, 47, of Roselle, the ex-major league player then allegedly pulled out a weapon, pointed it at his head and threatened to kill him. He drove to Linden police headquarters instead.

AP2019: ‘We are afraid,’ his neighbor says

It all started when Dykstra moved in, says his neighbor Linda Graham on a quiet Linden street.

“There’s been two overdoses. There’s been a scuffle on the front lawn. There’s been people who are here today, gone tomorrow. We don’t know who these people are and we are afraid.”

Neighbors on Stockton Circle in Linden say they live in fear of the transients they claim come and go from Dykstra’s home. They also allege that he converted his home into an illegal rooming house.

They want him out and have appealed to the town for help.

“People are constantly moving in and out,” said City Councilwoman Gretchen Hickey. “(His neighbors) have no quality of life whatsoever. They live in fear.”


Star Gina Kirschenheiter Pulled Over Days After DUI Arrest

Real Housewives of Orange County Star Gina Kirschenheiter Pulled Over Days After DUI
Gina Kirschenheiter at the Liaison Restaurant on February 07, 2019 in Los Angeles, California. Paul Archuleta/Getty Images

Less than a week after Gina Kirschenheiter was arrested for driving under the influence, the Real Housewives of Orange County star was pulled over for talking on the phone.Celebrity Mugshots

The 34-year-old Bravo personality was stopped by police in Orange County on Wednesday, February 6, for “driving while operating a handheld wireless telephone or electronic wireless communications device,” according to the O.C. Superior Court.

Kirschenheiter made headlines earlier this month after she was booked in the early hours of Thursday, January 31, in Rancho Santa Margarita, California. Public affairs officer Jaimee Blashaw previously confirmed to Us Weekly that she “was stopped for a traffic violation in Rancho Santa Margarita at Santa Margarita Parkway” and arrested for DUI at 12:20 a.m.Stars at Court

The reality star later apologized to fans and vowed to never drink and drive again.

“Bad choices have bad consequences. Mine are magnified bc I chose to share my life with you on a very public stage,” she wrote on Instagram on Monday, February 4. “Those who are a part of my real life gave me words of encouragement and love knowing the content of my character and the love in my heart. As embarrassed and hard on myself as I’ve been in these past few days, I’ve been shocked by the astonishing amount of ‘it could have happened to anyone’ and ‘we’ve all been there’ that I’ve received through friends both close to me and on social media. I could easily join in with the chorus saying ‘you’re right, it could be any of us’ but it shouldn’t be any of us. EVER ! It’s terrible that this has become a social norm. I am disappointed in myself and that I am a part of this social norm. Especially since everyone who knows me knows I’m the queen of Uber/Lyft.”

Kirschenheiter also acknowledged that she made a “conscious decision” to do something “stupid.”

“To all of you who wrote me with pain in their hearts about how drinking and driving has had a negative impact on them and their families, I hear you. Thank you,” she wrote. “I make this promise to each one of you with your messages in my heart…. I am committed to this cause and hope to effect a positive change and dialogue. You don’t have to believe me with these words, but I hope over time you will see through my actions.”Former ‘Real Housewives of Orange County’ Stars: Where Are They Now? 

It’s unclear if Kirschenheiter’s trouble with the law will be featured on season 14 of RHOC, but Us previously confirmed she is returning for another season.

Us Weekly has reached out to Kirschenheiter for a comment. https://www.usmagazine.com/celebrity-news/news/rhocs-gina-kirschenheiter-pulled-over-days-after-dui-arrest/

Dash cam video shows imbalance in judge’s field sobriety test

On January 31 just before 9:00 p.m., newly elected Franklin County Judge Monica Hawkins was pulled over. It was suspected that her driving was in some way impaired.

Hawkins told the officer she was coming from Columbus and was having trouble finding her way home.

“How ya doin?” asked Hawkins when the officer came to her window.

“What’s going on ma’am?” asked the female officer back.

“I’m trying to figure out how to get home,” answered Hawkins.

In the video you can hear the officer ask Hawkins if she had been drinking; to which she said, “No.”

The officer told dispatch she could smell the odor of alcohol in the car.

Hawkins was driving through Pickerington when she was pulled over.

A concerned driver reported her erratic driving and followed her with his hazard lights on so police could find them.

Once the officer located them, she pulled in behind Hawkins who had her car’s right turn signal on. When Hawkins failed to make the right hand turn at the intersection and nearly drove over the curb on the other side, the officer initiated the traffic stop.

Hawkins then overcorrected and drifted out of her lane into an empty left lane.

In her initial contact with Hawkins, the officer called for a medic and other officers arrived on the scene.

After several more minutes, many of the responding officers moved on to other things leaving the initial officer, a back-up officer, and Hawkins to complete a field sobriety test.

Hawkins was asked to count backward from 47 to 27, which she did without issue; but then she kept going, “14-13-12-11-20-29-twenty…” said Hawkins as the officer patiently waited for her to finish.

Next up was the horizontal gaze nystagmus test.

“I need you to follow it with your eyes, okay?” asked the officer, to which Hawkins agreed to.

Hawkins had to be reminded not to move her head and just follow the light with her eyes a couple of times.

There was the walk and turn test and the one leg stand test. The video shows Hawkins struggling to maintain her balance in these tests with officers needing to catch her on multiple occasions.

Hawkins declined to participate in a breathalyzer test, and a warrant was secured to have her blood drawn and tested instead.

She was placed under arrest and taken to jail.

She faces a misdemeanor charge of operating a vehicle while impaired and is expected to go before a judge on February 14th.

She was back hearing cases in the Domestic Relations Division of the Franklin County Court of Common Pleas, yesterday.

A call to her office for comment on this story was not returned. https://www.nbc4i.com/news/local-news/dash-cam-video-shows-imbalance-in-judges-field-sobriety-test/1757366736